| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 28/10 |
| Hearing date | 2 Feb 2010 |
| Determination date | 15 February 2010 |
| Member | G J Wood |
| Representation | T Cleary ; P McBride |
| Location | Wellington |
| Parties | Mana Coach Services Ltd v New Zealand Tramways and Public Passenger Transport Employee's Union Inc |
| Summary | BREACH OF CONTRACT – Applicant claimed respondent breached terms of mediated settlement agreement (“SA”) when published confidential information – Applicant sought determination respondent breached SA, declaration breached duty of good faith, and inquiry into damages – Respondent argued no breach of SA or failure to act in good faith – Head of umbrella union (“H”) of which respondent a member prepared article for union newsletter on issues of employee who was subject of SA – Member of respondent approached H as concerned about employment with applicant – H provided member draft copies of article to distribute as saw fit – Subsequently H published article in newsletter – Applicant provided copy of article to newspaper along with press release regarding upcoming Authority investigation – Applicant reluctant to attend mediation to resolve issues as result of publication – Authority found respondent party to publications – Authority did not accept H would have published articles with respondent’s consent and approval of content – Found in any event respondent responsible for newspaper publication – Found no implied term regarding specific publication – Authority preferred wider definition of “matters” regarding issues discussed at mediation – Found confidentiality to the level claimed could not be implied through clause in SA – Found not natural or necessary implication of clause in SA that any party unable to refer to acts giving rise to grievances – Found since respondent had not breached terms of SA no grounds for claiming good faith breaches – Applications dismissed – Authority emphasised to respondent thrust of Employment Relations Act 2000 was to build productive employment relationships through promotion of good faith – Authority recommended respondent address whether continued publication of historical allegations in interests of members |
| Result | Application dismissed ; Costs reserved |
| Main Category | Breach of Contract |
| Cases Cited | Just Hotel Ltd v Jesudhass [2007] ERNZ 817 |
| Number of Pages | 6 |
| PDF File Link: | wa 28_10.pdf [pdf 24 KB] |